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India is great (Service)     25 March 2015

Speedy trial @ sec 21 (b) hindu marriage act 1955

Dear Members

I have undermentioned query, Please Guide me:

1. Marriage is solemnized Under Section 13 of Act XLIII of 1954.

2.  Is  Sec 21 (B) of  Hindu Marriage Act 1955 applicable in this type of  marriage for the purpose of speedy trial ( for any matrimonial litigation ( Divorce, 498A etc)

Exceptional hardship - special grounds for 21B

1.    Multiplicity of litigations / proceedings would be avoided. (Dehli HC)

2.    Life & limb apprehension – threats received from BIL & MIL (NC filed)

3.    Right to life - Art. 21 – Constitution of India.

4.    Current age – only son – need of lawful marriage



Learning

 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 March 2015

Elaborate UR query. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 March 2015

1. Marriage is solemnized Under Section 13 of Act XLIII of 1954.

 

Answer: - Could not understand your query properly. Sec. 13 HMA states the grounds of divorce.

 

2.  Is  Sec 21 (B) of  Hindu Marriage Act 1955 applicable in this type of  marriage for the purpose of speedy trial ( for any matrimonial litigation ( Divorce, 498A etc)

 

Answer: - Yes.

T. Kalaiselvan, Advocate (Advocate)     30 March 2015

Dont get confused by understanding the law more than you can because that may result into confusion and wrong direction too.  Allow the things to happen in its own fashion which will be faster than the steps you may intend to take to expedite.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 March 2015

Dear Friends, 

 

My opinion is - everybody must understand basic laws properly else they cannot realize their basic constitutional rights, hence they will be cheated, mislead, extorted and harassed by the corrupted - - - - -? - ? - - - -

 

Person may appear in-person to file a wirt petition (Article 226) along with sec. 21-B of HMA to get a order/direction from High Court for expeditious proceeding of all MAT cases including 498A and others within a period of six months.

 

 

The Section is stated below: -

 

Section 21B in The Hindu Marriage Act, 1955
44 [ 21B Special provision relating to trial and disposal of petitions under the Act. —
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.]
 

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